Naval reservists' families seek damages

Courtesy of the Patton Family
Brian Patton with his wife, Amy, and their son, Nicholas.

The Citizens' Voice File
Wilkes-Barre police Officer Dave Kurutz, right, presents the American flag to David Morgan during last year's St. Patrick's Day Parade. Morgan served as a grand marshal for the parade in 2013.

In a case with millions of dollars at stake, the families of two Naval Reservists who died from injuries in a grinding car crash in Kuwait in 2009 appeared in federal court Wednesday for the civil trial against a civilian contractor accused of causing the accident.

Brian Patton, 37, of Nanticoke, died at the scene of Nov. 19, 2009 crash. His friend and co-worker, David Morgan of Wilkes-Barre, suffered a traumatic brain injury and lived for several years before succumbing to complications from his injury in August 2013 at age 38.

The Morgan and Patton families filed suit in 2010 against Combat Support Associates, a private, California-based firm that provides support services to the military, and its former employee, Morgan Lee Hanks, who was driving an SUV that struck another SUV driven by Patton.

In opening statements Wednesday, William Anzalone of Wilkes-Barre, the Patton family attorney, said evidence will show Hanks acted recklessly when he veered into the opposing lane of a two-lane road while attempting to pass a slow moving military convoy of buses and SUVs as he crested a hill.

"The facts are not complicated. The consequences were catastrophic," Anzalone said. "Mr. Hanks exhibited a reckless pass that killed two American heroes."

Attorney Evan Eisner of Philadelphia, who represents CSA, said evidence will show Hanks had a clear view and was acting safely when he made the pass. The crash, he said, was caused by the convoy bus drivers, who failed to keep a sufficient distance between the buses to allow Hanks to pull back into the lane and avoid the collision.

Patton and Morgan, who worked as prison guards at the State Correctional Institution at Dallas, both served in the Naval Reserves and were on assignment in Kuwait as military police officers. Then men were on their way to a police call when the crash occurred on a paved supply road between military camps.

Anzalone and David Pennington of Philadelphia, attorney for the Morgan family, are seeking $2 million to $3 million in lost earning capacity each for Patton and Morgan. The families are also seeking additional damages for pain and suffering of the crash victims and compensation for the emotional harm caused to Patton's wife, Amy, and their two children, and Morgan's daughter and parents.

Amy Patton and members of Morgan's family were present for opening statements. Speaking during a recess, Amy Patton said it was difficult to relive the tragedy, but she felt compelled to attend.

"It's important to us to be here to get justice," she said. "This has been going on for 4½ years and there's no closure."

The trial, before Senior U.S. District Judge Edwin Kosik, is being heard by a jury of six women and two men. Federal civil trials differ from those in state court, which consist of 12 jurors.

tbesecker@timesshamrock.com

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